AN interim injunction order to curtail the trading of a Royton restaurant was successfully extended by 12 months.

The Advertiser previously reported that Oldham Council applied for the order after Nawaabe Prestige Organic allegedly opened without planning permission and failed to comply to a stop notice. Warrants were issued for the arrest of three men in connection with this.

Anyone in breach of the order will be in contempt of court and could face up to two years in prison.

The eatery has since stopped trading though the Rochdale Road property remains in the guise of an Indian restaurant.

The court was told that the first floor of the terraced house has been converted to a restaurant seating area and does not comply with building or fire regulations.

Prosecuting on behalf of the council, Darren Stott, told the court that proprietor Raja Miah had been arrested on warrant on Wednesday, August 31, and released on bail to appear at Oldham County Court on Friday, September 2.

Along with Imran Mears and a man named only as Mr Uddin, Miah failed to appear. This follows their absence at Oldham Magistrates Court on August 17 when the warrants were issued.

Judge Armitage QC decided that Miah is to be served with the order personally while notification is also displayed outside the premises as the exact whereabouts of Mears and Uddin are not known.

The council's costs, which are now subject to a detailed assessment, are to be paid by all three defendants.

The assessment will decide the amount each individual should pay.

The criminal proceedings against the three men are due to continue before Oldham magistrates on Tuesday, September 27.